Jankovic v Mayoh

In *Jankovic v Mayoh*, the New South Wales Court of Appeal considered a dispute between a vendor and a purchaser concerning the sale of a property. The purchaser sought to terminate the contract of sale, alleging that the vendor had failed to provide a crucial document required by the contract.

The central legal issue before the Court of Appeal was whether the vendor's failure to provide the required document constituted a breach of a condition precedent, thereby entitling the purchaser to terminate the contract. The Court also had to determine the proper interpretation of the contractual clause requiring the provision of this document.

The Court of Appeal held that the vendor's obligation to provide the document was a condition precedent to the purchaser's obligation to complete the purchase. As the vendor had failed to fulfil this condition, the purchaser was entitled to terminate the contract. The Court applied the principles of contract law regarding conditions precedent and the consequences of their breach, emphasizing that a failure to satisfy a condition precedent can discharge the other party from their contractual obligations. The appeal was dismissed.